State v. Givens (1989)

In State v. Givens, 161 Ariz. 278, 778 P.2d 643, 644 (App. 1989), the Court observed that "the mere availability of another alternative does not render a mistrial order an abuse of discretion." Givens, 161 Ariz. at 281, 778 P.2d at 646. The Court concluded that the trial court acted within its discretion in finding manifest necessity "where the defendant's own conduct gave rise to the declaration of mistrial," and we assumed that the court had first considered its possible alternatives. Id. at 281-82, 778 P.2d at 646-47.